Deported Men File Human Rights Case Against Eswatini Over Detention
Three men deported by the United States to Eswatini, rather than to their home countries, have initiated a legal case against the Eswatini government with the African Union's human rights commission. The claimants allege that their prolonged detention constitutes an unlawful violation of their fundamental human rights, sparking international concern over deportation practices and detention conditions.
Background of the Case
The men, originating from Cuba, Jamaica, and Yemen, were among a group of five individuals deported by US authorities in July, with an additional ten sent in October. Despite having completed their criminal sentences in the United States, they were labeled as dangerous criminals by US Immigration and Customs Enforcement (ICE). Their legal representatives argue that they have served their time for any offenses committed in the US and should not face indefinite detention in Eswatini.
Two of the claimants, from Cuba and Yemen, have been incarcerated at the Matsapha correctional complex in Eswatini for eight months. The third claimant, Orville Etoria, was repatriated to his home country of Jamaica in September after being detained. Apart from Etoria, all other deportees remain imprisoned in Eswatini, according to their lawyers, who emphasize that no crimes have been committed within Eswatini's jurisdiction.
Legal Proceedings and Human Rights Concerns
The complaint was formally filed with the African Commission on Human and Peoples' Rights (ACHPR), an African Union body responsible for monitoring member states' adherence to regional human rights agreements. While the commission can issue demands for states to uphold rights and refer cases to the African Court on Human and Peoples' Rights, neither entity possesses enforcement powers, raising questions about the effectiveness of such legal actions.
Beatrice Njeri, a lawyer with the Global Strategic Litigation Council, which is representing the deportees, highlighted the severity of the situation. "The people in detention have committed no crime in Eswatini and continue to undergo various human rights violations," she stated. "They are being held indefinitely without proper legal recourse." Njeri further revealed that the detainees have not been permitted in-person meetings with their lawyers, and one individual embarked on a 30-day hunger strike late last year, resulting in signs of organ failure due to the dire conditions.
Government Response and Broader Context
Thabile Mdluli, a spokesperson for Eswatini's government, indicated that she had not yet reviewed the legal complaint, leaving the official response pending. This case unfolds against a backdrop of the Trump administration's efforts to execute mass deportations, with the US having deported dozens of immigrants to third countries, including several African nations such as Ghana, Rwanda, South Sudan, and Uganda.
In a related development, Reuters reported that the US agreed to pay Eswatini $5.1 million to accept up to 160 third-country nationals, underscoring the financial dimensions of these deportation agreements. Meanwhile, in February, Eswatini's high court dismissed a case from local non-governmental organizations that challenged the constitutionality of imprisoning the deportees, ruling that the applicants lacked a direct interest in the matter.
Implications and Future Outlook
The detainees' frustration is palpable, with Njeri noting, "They're totally frustrated with the situation. They just want to go back – some of them home, some of them to the US." This case raises critical questions about the intersection of immigration enforcement, human rights protections, and international law, particularly as ICE detains over 68,000 people in the US. The outcome could influence future deportation policies and highlight the need for stronger enforcement mechanisms within regional human rights bodies.
